UNIT 4: THE CIVIL SERVICE COMMISSION
2.0 OBJECTIVE
In this Unit, we will be exposed to an independent body recognized by the Nigerian Constitution whose membership is appointed by the President to carry out defined human resources functions including promotion and discipline of certain grade of civil servants. The Federal Civil Service Commission works in collaboration with the Federal Ministry of Establishment at the national level and the State Civil Service commission which works in collaboration with the Ministry of Establishment in the state performs at state level the same functions that the Federal Civil Service Commission performs at the federal level.
3.0 MAIN CONTENT
3.1 ESTABLISHMENT OF THE CIVIL SERVICE COMMISSION
The existence of the federal Civil Service Commission is recognized by Section 170 of the 1999 Constitution. The Section empowers the Commission to delegate functions to its members as approved by the President. Specifically, it states that
“Subject to the provisions of this Constitution, the Federal
Civil Service Commission may, with the approval of the President and subject to such conditions as it may deem fit, delegate any of the powers conferred upon it by this constitution, to any of its members or to any officer in the civil service of the federation.”
The Federal Civil Service Commission is an independent body from the Civil Service which is appointed by the President to perform certain designated functions affecting the Civil Service. In other words, the Commission is not a political body. Rather it is a body made up of men and women of integrity and sound education, some of whom may have been top civil servants in their career days or captains of industry in the private sector as the case may be.
The commission has a full time chairman and commissioners. At the federal level, the chairman of the Federal Civil Service Commission is appointed by the
President and Commander-in-Chief of the Armed Forces while at the state level, the chairman of the state Civil Service Commission is appointed by the Executive governor of the state. The duties and operations of the Federal Civil Service Commission cover senior officers from grade level 07 and above while the Ministry of
Establishment takes charge of the affairs of junior employees from grade level 01 to grade level 06. Similarly, in the state, a state Civil Service Commission takes charge of the affairs of senior civil servants from grade level 07 and above while the state Ministry of Establishment takes charge of the affairs of junior civil servants from grade level 01 to grade level 06.
3.2 DUTIES OF THE CIVIL SERVICE COMMISSION The duties of the Civil Service Commission include
1. The commission performs human resources functions of recruitment and selection of senior civil servants from grade level 07 and above into the civil service. Their consideration for recruitment includes vacancy, educational qualification and filling of positions in the civil service based on federal character representation. The mode of recruitment and selection is competitive which could take the form of oral interviews and/or written examination.
2. The commission supervises the promotion of competent senior officers from one grade level to another based on performance appraisal recommendation of supervising officers,
3. Subject to availability of vacancy and the need to balance manpower in the civil service, the commission is empowered to effect the transfer of civil servants from one department to another as the need arises.
4. The commission exercises disciplinary powers within the Federal civil service.
Such disciplinary powers may include power to suspend delinquent officers from duty and power to effect severance within the civil service including possible
termination of appointment and dismissal from service in case of established and proven gross misconduct.
5. The commission has power to effect the retirement of senior civil servants following laid down Civil service procedures and to accept notices of resignation of senior civil servants.
6. It is the place of the commission to advice on payment of pensions and other entitlements to retired civil servants. These same functions are correspondingly performed by state Civil Service Commissions who have been appointed by the state Governor.
4.0 CONCLUSION
The Federal Civil Service Commission has the recognition of the Nigerian Constitution. Although a serving President appoints the Chairman of the Federal Civil Service Commission as the Governor does in the case of a State, the members of the commission are not partisan. They are men and women of integrity and knowledgeable background who are committed to sanitizing the civil service and promoting competent and deserving civil servants from grade to grade. They are empowered to take disciplinary procedures against erring civil servants while effecting the promotion of personal within the service.
5.0 SUMMARY
The Civil Service and the Civil Service Commission are a creation of the Nigerian Constitution. The functions of the Civil Service Commission are distinct and the members carry out those functions impartially and without fear or favour. They sanitize the civil service, protecting the dignity of labour and approving sanctions in case of erring civil servants and processing the promotion and career advancement of competent civil servants.
6.0 TUTOR MARKED ASSIGNMENT
1. (a) State and comment on the functions of the Civil Service Commission.
(b) Is it possible to be impartial as a civil service commissioner? Give reasons for your answer.
7.0 REFERENCES/FURTHER READING
1. Egwummuo, J.N. (2000). Modern Trends in Administrative Law. Academic Publishing Company, Enugu.
2. Eneanya, A.N. (2009). Public Administration in Nigeria: Principles, Techniques and Application,
Concept Publishers Ltd, Lagos
3. Malemi, E. (1999). Administrative Law (3rd Ed), Princeton Publishing Co, Lagos
4. The 1999 Constitution of the Federal Republic of Nigeria.
UNIT 5: NIGERIA LOCAL GOVERNMENT ADMINISTRATION